State Ex Rel. Eckmann v. Department of Health & Social Services

In this probation revocation case, the petitioner’s more compelling argument is that although the secretary of the Department of Health and Social Services may reverse a hearing examiner when credibility is at issue, such reversal may occur only after consultation with the examiner about witness demeanor or after a written synopsis on demeanor is filed by the examiner. We believe the supreme court has already answered the question in the negative. After considering this and two other issues raised, we affirm.

James Eckmann was convicted of two counts of armed robbery and one count of robbery,…